Version 1.0
These terms and conditions forms a binding agreement ("Terms & Conditions") between you and the Legal Entity that you are representing, if any, (hereinafter collectively referred to as "You" or "Your" or "User", which expression shall, unless it is repugnant to the subject or context thereof, mean and include its legal heirs, executors, administrators, successors, affiliates, and permitted assigns) ON THE ONE PART and SHIPREWARD LOGISTICS PRIVATE LIMITED, a private limited company incorporated under the Companies Act, 2013, having its corporate office at Shop No-477, 4th Floor, A, R Mall Opp. Panvel Point, Mota Varachha, Surat, Chorasi, Gujarat, India, 394101 (hereinafter referred to as "Ship Reward" or "We" or "Our" or "Us", which expression shall, unless it is repugnant to the subject or context thereof, mean and include its successors, affiliates and assigns) ON THE OTHER PART.
The User and ShipReward shall hereinafter collectively be referred to as "Parties" and individually as "Party".
ShipReward owns and operates the website "www.ShipReward.in" ("Website") and application "ShipReward" ("App") (hereinafter the Website and App are together referred to as "Platform(s)").
We through the Platforms offer logistic/shipping services to You either through Shipping Vendors or ourselves ("Services") and/or sell certain Products, in accordance and subject to compliance with the terms and conditions contained in the Agreement.
Please read these Terms & Conditions and other documents referred herein carefully before registering on, accessing, browsing, downloading or using any Services or purchasing any Products offered on the Platforms or any electronic device.
The Platforms, the Services and the Products are only available for, and to, persons who are competent to enter into legally binding agreements under the Indian Contracts Act, 1872. For avoidance of any doubt, no Services or Products or access to the Platforms will be available to any person that has been previously stopped/blocked from accessing the Platforms or availing the Services or purchasing the Products by ShipReward, unless specifically permitted by ShipReward at its sole discretion.
By accessing, browsing, using or registering on the Platforms or availing the Services or purchasing any Products, You are representing the following:
By accessing, using, browsing, downloading, or clicking on the "Continue" box or checking the box "I agree to the Terms and Conditions" or registering on the Platform or availing any Service or purchasing any Product, it shall be deemed that You irrevocably and unconditionally agree, consent and accept:
Once posted, the changes will come into effect immediately unless specifically stated otherwise. ShipReward may update You on an annual basis or as otherwise prescribed under Applicable Law of all the changes or amendments made by ShipReward to the Agreement. Continued access or use of Platforms and/or availing of Service(s) and/or purchase of Product(s) will be deemed to constitute Your irrevocable and unconditional acceptance of the amended Agreement.
While accessing or using the Platforms and/or Service and/or Products, You hereby irrevocably and unconditionally agree and undertake not to:
Provided You accept and comply with the Agreement, and have not revoked your acceptance, ShipReward hereby grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use Platforms and/or avail all or some of the Services and/or purchase the Products. Your access to avail the Services will at all times be solely at the discretion of ShipReward.
In order to gain access to the Platforms, You need to open a User's account with ShipReward by registering on the relevant Platform and completing the authentication process through one of the methods of authentication specified on the Platforms, including but not limited to, entering the one-time password (OTP) issued by ShipReward to You on Your mobile number that shall be provided by You. Your access to the Platform will be linked to the said mobile number which shall be the registered mobile number. All such information shall be stored and used in accordance with the Privacy Policy.
You hereby agree, represent, warrant and confirm that:
The User by availing the Service(s) shall be deemed to have irrevocably and unconditionally agreed, consented and accepted to the following:
In the event User hands over Shipment(s) to ShipReward/its Shipping Vendors in contravention of the above clause, ShipReward/its Shipping Vendors shall not be responsible/liable for any loss, damage, theft or misappropriation. ShipReward would have the right to retain the custody of such Shipment(s) (including opening, inspecting and subsequently disposing of Shipment(s)) and to levy damages/charges (along with the applicable GST amount and freight charges) of Rs. 1,00,000/- (Rupees One Lakh only) per incident/shipment or as prescribed under Applicable Law.
User understands, agrees and acknowledges that ShipReward is a mere bailee of the Shipments and the contents therein and is not an insurer of the same. User hereby expressly and specifically waives all its rights and claims against ShipReward and its Shipping Vendors arising out of or in relation to the principles of insurance.
With respect to some Shipment(s), there may be a possibility that physical delivery to Customer won't be possible, and the Shipment(s) will be delivered in open porch / mailbox or Customer has to do self-collection from access pickup point of carrier, and these cases will be closed as delivered on system.
Where any Products and/or Services are made available to You through any third party, such Products and/or Services will be provided on an as is and as available basis, without any representations and warranties, express or implied by ShipReward. You explicitly agree, acknowledge and confirm that ShipReward is not responsible in any way for the Products and/or Services purchased and/or availed by You from any third Party.
For availing some Services, You may be required to provide certain Know Your Customer (KYC) information and other authentication documents as prescribed under Applicable Law and as specified on the Platforms. The User hereby agrees that the User has voluntarily submitted the various KYC information and documents (including but not limited to Aadhaar card/OTP, PAN card, voter id, passport, driving license, GST certificate, income tax returns, entity details, credit card details, debit card details, other financial instrument details etc.) and requisite information as required by ShipReward.
ShipReward may send alerts to the mobile phone number or e-mail or push notifications as provided by You. You will be able to receive the alerts sent via short messaging service (SMS), only if the mobile phone is in On mode to receive the SMS; via e-mail, only if the e-mail servers and e-mail ids are functional; and via push notifications, only if You have enabled the receipt of such notifications.
ShipReward shall have the right to suspend or terminate Your account and refuse any and/or all Services/Products, at the sole discretion of ShipReward without any prior notice to You: (a) if it is found that You have provided any information that is untrue, inaccurate, not current, or incomplete; or (b) if You are in breach of any of the provisions of the Agreement; or (c) for any other reasons deemed fit by ShipReward.
You may end your legal agreement with ShipReward at any time by deactivating your account and discontinuing the use of the Services. Provided however, ShipReward may continue to maintain records for record keeping and archival purposes and/or regulatory reasons.
In the event of any termination or suspension of any Service or Your account, You shall continue to remain liable to pay in full all amounts due and payable to ShipReward in relation to that Service and shall not be discharged from Your obligation to comply with all applicable provisions of the Agreement until such amounts are paid in full.
You hereby agree, and expressly consent to, that Your Personal Information shall be collected, handled, stored, analysed, and used by ShipReward or any other third party, as the case may be, for the purpose of providing You access to the Platform, enabling the use of Services and to comply with Applicable Law. Your Personal Information shall be collected, handled, stored, analysed, and used by ShipReward in accordance with its privacy policy, as amended from time to time.
You understand and agree that, to the extent permitted by Applicable Law, any data provided by You in connection with the Services may be shared with Our subsidiaries, affiliates or partners, and/or used by Us for providing and/or enhancing the Services, including but not limited to creating new products.
With respect to pricing of the Services/Products and payment of fees by You, You hereby agree and confirm the following:
The refund and return policy of Shipments shall be applicable as set out in the Merchant Agreement.
If You have any questions, issues, complaint, or seek any clarity in relations to the Agreement and/or Services/Products, please feel free to contact us at support@ShipReward.in.
You irrevocably and unconditionally authorise and consent to receive from third parties and ShipReward, and their affiliates, group companies, business partners, employees, agents or associates, promotional offers, deals, marketing materials and promotional material through telephone calls, e-mail, text message, WhatsApp or any other electronic means. You confirm that laws in relation to unsolicited communications referred in National Do Not Call Registry as laid down by Telecom Regulatory Authority of India will not be applicable for such communications.
It is expressly understood by and between the Parties that all products agreed to be delivered by ShipReward or its Shipping Vendors are on "SAID TO CONTAIN BASIS" i.e. ShipReward or its Shipping Vendors shall be under no obligation and is not expected to verify the description and contents of the Shipment(s) declared by the User on the docket. Further, ShipReward is not responsible in any way whatsoever for the merchantability of the contents of the Shipment(s).
Platforms may contain links to a number of third-party websites or apps offering varied products and/or services. Please note that these are only marketing campaigns for such third parties and are not offers or invitations to make an offer by ShipReward to enter into any kind of an arrangement.
The information provided on the Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility and liability for its use. ShipReward does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Platforms.
Notwithstanding anything contained herein or elsewhere, You hereby agree, acknowledge and confirm that the liability of ShipReward with respect to the Services provided shall be limited to the extent set out in these Terms & Conditions and/or Merchant Agreement. The Platforms and Services are being provided on an as is and as available basis. ShipReward does not provide or make any representation, warranty or guaranty, express or implied about the Services and/or Products.
You assume the entire risk of using the Platform and availing the Services. To the maximum extent permitted by Applicable Law, in no event shall ShipReward or any of its directors, officers, employees, agents or content or service providers be liable to You for any special, incidental, direct, indirect, punitive, or consequential damages whatsoever.
Notwithstanding anything contained herein or elsewhere, in no event shall ShipReward and its affiliates and associates' total cumulative liability to You in connection with the Services for all damages, losses and causes of action (whether arising under contract or otherwise), arising from or relating to Your use of the Platforms or arising from the Agreement shall be:
For shipments booked under the ShipReward Economy service, the customer acknowledges and agrees that:
You hereby indemnify and agree to indemnify, save, and hold ShipReward, its affiliates, employees, officers, directors and partners (including agents and service providers) ("Indemnified Party") harmless from any and all claims, losses, damages, liabilities, costs and expenses including, without limitation, legal fees and expenses, incurred or suffered (directly or indirectly) by the Indemnified Party arising out of or related to: (i) Your use or misuse of the Services or the Platform or the Products; (ii) any violation by You of the Agreement; (iii) any breach by You of the representations, warranties, and covenants herein; (iv) Your violation of any third party right; (v) Your failure to be in compliance with Applicable Law; (vi) any claim that Your use of the Platform caused damage to another user or third party; or (vii) any duties, taxes, octroi, cess, clearance charges and any other charge/levy by whatsoever name called, levied on the Shipment(s).
You agree and acknowledge that ShipReward is the sole and rightful owner of the intellectual property of ShipReward and You agree not to register, use or file in Your own name or in the name of any other person or entity, any trademarks that are same or similar or resemble in any manner with the intellectual property of ShipReward. In this regard intellectual property shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, software, trademark, brand name, service mark, trade name, design, logo, know-how and trade secrets belonging to ShipReward, whether registered or not.
The Agreement shall be governed by the laws of India. You hereby agree that if any dispute(s) or difference(s) arise between You and ShipReward in connection with or arising out of or relating to the Agreement, both parties shall attempt, for a period of 30 (thirty) days from the receipt of a written notice ("Disputes Notice") from the other Party of the existence of a dispute(s), to settle such dispute(s) by mutual discussions.
If the said dispute(s) cannot be settled by mutual discussions within the 30 (thirty) day period specified above, such disputes(s) shall be referred to arbitration by a sole arbitrator for final resolution in accordance with the provisions of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"), as amended from time to time. The arbitration proceedings shall be held in English language with the seat, venue and legal place of the arbitration being New Delhi. Subject to the arbitration agreement as mentioned above, the courts and tribunals at Delhi shall have the exclusive jurisdiction over any dispute(s).
The Agreement constitute a principal-to-principal relationship between You and ShipReward and are not intended to and do not create any agency relationship.
All notices, requests, demands, waivers, queries, and other communications required or permitted to be given hereunder in relation to the Services, shall be emailed at support@ShipReward.in if to ShipReward and if to You, it shall be sent via email on Your email address registered with ShipReward or through SMS/WhatsApp.
ShipReward may assign, in whole or in part, its rights or obligations hereinunder to its associates, affiliates or any other group company; or any other company. You shall not assign, in whole or in part, Your rights or obligations under the Terms & Conditions without the prior written permission of ShipReward.
If at any time, any provision of the Agreement is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, the legality, validity or enforceability of the remaining provisions will not be affected or impaired in any manner.
The terms and provisions of the Agreement which by their nature and intent are intended to survive the termination hereof shall so survive the termination of the Agreement.
User shall at all times and at its/his/her own expense strictly comply with all Applicable Laws (including state, central and custom/international laws/statutes), pay all fees and other charges required by such Applicable Law, and maintain in full force and effect all licenses, permits, authorizations, registrations and qualification from any authority.
The Agreement, the annexures and any other documents entered into or delivered or as referred to in the Agreement sets out the entire agreement and understanding between the Parties with respect to the subject matter hereof.
Unless the context otherwise provides or requires, the following words and expressions used in the Agreement shall have the meaning as provided to them herein below:
The Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system, and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The below-mentioned items are restricted and might not be accepted by ShipReward Branded Services or other non-ShipReward Services or might be prohibited by law or both.